Concerns about my next medical

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Throwaway998

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I currently hold a 3rd class medical that is still good for the next couple years. Approximately a year and a half and about 2 years ago there were 2 separate incidents where I had a run in with the police. The first I was walking home from a bar and was picked up by the police and given an underage (18 at the time) and the second time I was trying to get a fraternity brother home from the bar who caused a scene and the cop thought we were fighting and cited us both with underages. With that being said both instances were dropped down to simple disorderly conduct. I’m in the process of expunging them but I’m under the impression I still have to report this. Additionally I’m concerned about the FAA throwing the book at me and making me go through the hims program. My end goal is to fly for an airline. Has anyone ever heard of similar cases?

I’ve since kept my nose clean and I’m focusing on my studies. My worry is that I’m going through all this training for nothing.
 
The question is, for your 3rd class (current) medical, did you disclose these events?
 
Take this for what it is worth, and I am not sure I am right, but from what I see from my research, because the initial criminal charge was alcohol related you needed to report it to the FAA within 60 days of the charge. Again, I maybe wrong, but if not I think you will need to consult an aviation attorney to see what you need to do now.
 
douglas393 said:
Take this for what it is worth, and I am not sure I am right, but from what I see from my research, because the initial criminal charge was alcohol related you needed to report it to the FAA within 60 days of the charge. Again, I maybe wrong, but if not I think you will need to consult an aviation attorney to see what you need to do now.
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I talked with an attorney and someone at the FSDO to confirm my findings of 61.15(e) specifies for reporting to be required before your next medical it must be a motor vehicle action. Mine were both while walking and did not affect my drivers license.
 
Throwaway998 said:
I talked with an attorney and someone at the FSDO to confirm my findings of 61.15(e) specifies for reporting to be required before your next medical it must be a motor vehicle action. Mine were both while walking and did not affect my drivers license.
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Did you ask them the questions you are asking us arm-chair amateurs. I would think they would be the best to advise you what you need to do and what the consequences may be.
 
douglas393 said:
Did you ask them the questions you are asking us arm-chair amateurs. I would think they would be the best to advise you what you need to do and what the consequences may be.
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No one could give me a straight answer and of the multiple people I talked to im getting many different answers. I’m more posting to gather insight so I can try to go into this more thoroughly informed.
 
Throwaway998 said:
They gave me consumption as a minor
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I agree with the others that say it has to be a motor vehicle action to be reportable but unless you make better life choices you're well on your way to a hims program./
 

Regarding the question raised in posts 4 and 5 about reporting prior to the next medical certificate renewal application, see 14 CFR 61.15(c) through (e) :​


(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:
(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;​
(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or​
(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.​

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or​
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.​

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC–700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:
(1) The person's name, address, date of birth, and airman certificate number;​
(2) The type of violation that resulted in the conviction or the administrative action;​
(3) The date of the conviction or administrative action;​
(4) The State that holds the record of conviction or administrative action; and​
(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.​

I'm no expert, but unless action was taken as described in (c), it doesn't sound to me like you had a motor vehicle action.
 
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In some states, a minor found in possession of alcohol can lose his driver's license, even if no motor vehicle was involved.
 
And it will be reportable on the other felonies or misdemeanors question.
 
Dana said:
In some states, a minor found in possession of alcohol can lose his driver's license, even if no motor vehicle was involved.
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Mikey52 said:
And it will be reportable on the other felonies or misdemeanors question.
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True. The excerpt from 61.15 that I quoted was to address the question raised in posts 4 and 5 about reporting prior to the next medical certificate renewal application. I will edit to clarify.
 
Will BasicMed suffice for your flying needs? Seems as if it will solve your issue, and if MOSAIC goes into effect anywhere close to the proposal, should be easy sailing.
 
Kenny Phillips said:
Will BasicMed suffice for your flying needs? Seems as if it will solve your issue, and if MOSAIC goes into effect anywhere close to the proposal, should be easy sailing.
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Answered in the OP:
Throwaway998 said:
My end goal is to fly for an airline.
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This is what AOPA Legal Services is for. If you're not a member, become one.
 
This may seem contrarian to my normal opinion on lawyers when it comes to medical certification, but this actually seems like one of the rare circumstances where you might benefit from legal counsel with a focus on aviation. Don't walk into the HIMS process unnecessarily, but don't try and avoid it if it is actually necessary.
 
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